Capreit Limited Partnership v Howlett

Landlord wins · Whitby · 2020-10-26

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

J.H.

Landlord rep

Maria Bloch

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was not present at the hearing.

The ruling

The tenancy is terminated effective November 6, 2020. The tenant must pay the landlord $14,034.82, which includes rent arrears up to the termination date and the application filing fee, less the rent deposit and interest. The tenant must also pay $43.48 per day for compensation for use of the unit from October 27, 2020 until the tenant moves out. If the full amount is not paid by November 6, 2020, the landlord may file the order with the Sheriff for enforcement.